PHOOL CHAND Vs. STATE OF U.P.

JUDGEMENT

(1.) Since both these appeals have been preferred against a common judgment and order dated 28.04.1983, passed by the then Vth Additional Sessions Judge, Bareilly in Sessions Trial No. 375 of 1982 (State Vs. Phool Chand and another), arising out of Crime No. 67 of 1982, P.S. Aonla, District Bareilly, convicting the appellants Phool Chand and Malkhan under Sec. 302 and 302 read with Sec. 34 IPC, respectively and sentencing both of them to undergo imprisonment for life, both these appeals have been heard together and disposed of by common order.

(2.) It is relevant to mention here that while hearing these appeals, it has been noticed by us that the accused appellant Malkhan has died during the pendency of Criminal Appeal No. 1160 of 1983 (Malkhan Vs. State of U.P.), therefore, his appeal stood abated by a coordinate Bench of this Court vide order dated 07.01.2016, as such the instant appeal (Criminal Appeal No. 1209 of 1983) is being decided by this judgment.

(3.) The sole appellant/accused Phool Chand has filed this appeal (Criminal Appeal No. 1209 of 1983) against the aforementioned judgment and order dated 28.04.1983 on the ground that the learned trial court has erred in believing the prosecution case and the evidence adduced in support thereof and the conviction of the appellant is against the weight of evidence on record.